Chapter 17.14 — PARK DEDICATION

This ordinance is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The park and recreation facilities for which dedication of land and/or payment of a fee is required by this ordinance are in accordance with the Master Plan for Parks, Recreation and Open Space Element of the General Plan of the City of Norco, as adopted by the City. (Ord. 782, 2001)

General Standard. It is hereby found and determined that the public interest, convenience; health; welfare, and safety require that five (5) acres of property for each 1, 000 persons residing within the City of Norco be devoted to local park and recreational purposes.

The subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. A typical acre of the buildable land shall have a slope less than 10% and land graded within one tenth of a foot of finish graded pad. Buildable land shall be located in other than an area on which building is excluded because of flooding, easements, or other restrictions The amount of land to be provided shall be determined pursuant to the following formula.

• (1) The City Council, or the City Council designee, shall approve the land to be dedicated to be made pursuant to this section.

• (2) The formula for determining acreage to be dedicated shall be as follows:

DUs x Pop. x 5 acres = Minimum acre dedication

DU 1,000 people

where:

DUs = Number of dwelling units in subdivision

Pop. = population per dwelling unit as determine by the last estimate

DU provide by the latest Federal Census

• (3) The number of new dwelling units shall be based upon the number of parcels indicated on the subdivision map.

General Formula. If it is determined that a land dedication is not in the best interests of the residents of the subdivision and the City, the subdivider shall in lieu of dedicating land pay a fee equal to the value of that land, such fee to bear a reasonable relationship to serve the present and future residents of the area being subdivided.

Subdivisions containing fifty (50) parcels or less shall be required to only pay in-lieu fee and

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City of Norco, CA

SUBDIVISIONS

§ 17.14.08

§ 17.14.12

shall be exempt from the requirement of land dedication. The in-lieu fee shall be paid to the City at the time the final map for the subdivision is recorded, unless conditioned otherwise.

• (1) Use of Money. The money collected hereunder shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the residents of the subdivision.

The subdivider may be required to both dedicate land and pay a fee in lieu thereof at the determination of the City Council. The formulas that have been established for land dedication and the amount of fee in lieu of land dedication shall be utilized.

• (1) Amount of Fee In Lieu of Land Dedication: When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land that would otherwise be required for dedication pursuant to Section 17.14.06 (2). The fee shall be determined by the following formula, with the evaluation based on land that has a slope less than 10% and graded within one tenth of a foot of finish graded pad, where building is not excluded because of flooding, easements, or other restrictions:

Min. Acre Dedication x FMV = In Lieu Fee

Buildable acre

where:

FMV =fair market value

Buildable acre = a typical acre of the subdivision, with a slope less than 10% and graded within one tenth of a foot of finish graded pad, located in other than an area on which building is excluded because of flooding, easements, or other restrictions.

Fees to be collected pursuant to this section shall be approved by the City Council, or the City Council designee.

The fair market value shall be determined by the City Council, or the City Council designee, based on unimproved land with a written appraisal report prepared and signed by a certified MAI appraiser (to be paid by the subdivider). The City shall review the qualifications of the MAI appraiser prior to the appraisal of the land. The appraisal shall be made prior to the filing of the final map being recorded. The subdivider shall notify the Director of the expected filing date at least six (6) weeks prior to the filing of the final map, if more than one (1) year elapses prior to filing of the final map and the date of the appraisal, the subdivider shall have a new appraisal prepared. The determination of the fair market value of a buildable acre shall consider, but not necessarily be limited to, the following:

1. Approval of and conditions of the tentative subdivision map.

2. General Plan designation of the land.

3. Zoning classification of the property.

4. Location of the property.

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City of Norco, CA § 17.14.12

NORCO CODE

§ 17.14.18

5. Site characteristics of the property.

If the subdivider objects to the determined fair market value, the determination may be appealed to the City Council. The burden of proof as to the fair market value of the land shall lie with the subdivider.

Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The natural features, access, and location of land in the subdivision available for dedication.

2. The size and shape of the subdivision and the land available for dedication.

3. The usability and function of the land for park and recreation purposes.

4. The feasibility of dedication, from an acceptability and suitability aspect.

5. The compatibility of dedication with the Master Plan for Parks, Recreation and Open Space Element.

6. The location of existing and proposed park sites and trails.

7. The current and future recreational needs of the community.

8. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final.

The Quimby Act requires the City to develop a schedule specifying how, when, and where the City will use the land or fees to develop park and recreation facilities, and includes required provisions for repayment of fees not committed within five years.

Disposition of Fees. Fees determined pursuant to Section 17.14.08 shall be paid to the City and shall be deposited into the Park Development Fund. Money in this fund, including accrued interest, shall be expended solely for acquisition or development of parkland, or improvements for recreational facilities.

Collected fees shall be appropriated by the City for a specific project to reasonably serve the residents of the subdivision within five years upon receipt of payment, or within five years after the issuance of building permits on one half of the lots created by the subdivision, whichever occurs first.

If such fees are not so committed, these fees, less an administrative charge, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lots bears to the total area of all lots in the subdivision.

The Director of Finance shall report to the City Council at least annually on income, expenditures, and the status of the Park Development Fund.

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City of Norco, CA § 17.14.18

SUBDIVISIONS

§ 17.14.20

The provisions of the ordinance do not apply to a commercial or industrial subdivision, unless it is used for residential development. If commercial or industrial property is allowed by the City to be used for residential purposes, the provisions of this chapter shall apply.

The value of park and recreation improvements excluding those improvements as noted in Section. 17.14.06 provided by the subdivider to the dedicated land may be credited against the fees or dedication of land required by this ordinance. The City Council reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require inlieu fee payments should the land and improvements be unacceptable.

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City of Norco, CA

SUBDIVISIONS

§ 17.16.010

§ 17.16.040

CHAPTER 17.16 TENTATIVE MAP

Before making any division of land, as herein defined, of real property located in the city a tentative map shall be prepared by a registered civil engineer or a licensed land surveyor in accordance with the Subdivision Map Act and this title. Final survey of streets and lots within the division of land shall not be made nor shall any grading or construction work be done before the tentative map and improvement plans for such work have been approved as required by this Title 17.

(Ord. 233 Sec. 4.1, 1972; Ord. 276 Sec. 2, 1974; Ord. 303 Sec. 2, 1974)

Tract numbers and parcel map numbers shall be obtained through the county surveyor's office. All fees to be paid and required procedures to be followed in obtaining the numbers shall be in accordance with the provisions of the county land division ordinance. (Ord. 233 Sec. 4.2, 1972)

Each tentative map shall be drawn to an engineer's scale, and clearly show the details of the plan thereon. Wherever practicable, such scale shall be one inch to one hundred feet or less, and in no case shall the scale be more than one inch to two hundred feet. (Ord. 233 Sec. 4.3, 1972)

The following information shall be delineated on the tentative map except those items as determined by the planning director as not being pertinent to a particular division of land:

• (1) The tract or parcel map number as obtained from the county surveyor's office;

• (2) Sufficient legal description of the land included on the map to define the boundaries of the tentative map;

• (3) The name, address, and telephone number of the record owner together with his affidavits consenting to the filing of the tentative map;

• (4) The name, address, and telephone number of the subdivider together with his affidavits giving his approval of the tentative map as submitted;

• (5) The name, address, and telephone number of the registered engineer or licensed surveyor preparing the map;

• (6) North point, scale, date, and boundary line of the division of land;

• (7) Locations, names or other designations, widths, approximate centerline curve radii, and approximate grades of all highways, streets, alleys, and pedestrian/equestrian trails in the proposed land division and also those that are existing and are adjoining the proposed land division;

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City of Norco, CA

SUBDIVISIONS

§ 17.16.040

§ 17.16.040

• (8) The width and approximate locations of all existing or proposed railroads, flood control channels, public utilities, or other easements or rights-of-way;

• (9) The names, addresses, and phone numbers of the existing and proposed public utility companies serving the tract;

• (10) The lot or parcel layout, the approximate dimension of each lot or parcel, and a number for each lot or parcel;

• (11) The approximate location of all areas subject to flood waters, overflow, or inundation, and the location, width, and direction of flow of all watercourses;

• (12) The accurate contour of the land of intervals of not more than two feet if the general slope of the land is less than ten percent or of not more than five feet if the general slope of land is more the ten percent. All elevations shall be based on U.S.G.S. datum, or other datum acceptable to the city engineer. Copies of U.S.G.S. maps are not acceptable;

• (13) The location and outline, to scale, of each building, utility pole, or other structure above ground, noting thereon whether same is to be removed from or is to remain in the development of the division of land. If the structure is to remain and is within fifteen feet of a lot or parcel line, such distance is to be shown on the map;

• (14) The location of existing wells, water lines, cesspools, sewers, culverts, drain pipes, underground structures, or sand, gravel, or other excavations within the land division and within two hundred feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed, or used;

• (15) A general location map of the area to be divided, showing its relation to adjacent subdivisions, existing main thoroughfares, and other pertinent information;

• (16) Approximate acreage and the total number of numbered lots or parcels contained within the division of land;

• (17) Existing use of the property and of the adjoining property immediately surrounding the land division;

• (18) Existing zoning;

• (19) Type of development proposed on the division of land; if the property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use;

• (20) Type of improvements including but not limited to streets, drainage, water, sewer, grading, utilities, pedestrian/equestrian trails, street lights and tree planting which are proposed to be installed and of the time at which such improvements are proposed to be completed;

• (21) If the water is not to be supplied by the city the source, name of supplier, quality and an estimate of available quantity of water and, if to be served by an established mutual water company or an established public utility, a letter shall be furnished to indicate that satisfactory arrangements have been made or can be made for water supply;

• (22) Proposed Method of Sewage Disposal. Additionally, the planning director may in the interests of the public health, safety and welfare require as to a particular division of land that the subdivider cause a percolation test to be made of all or any portion of the property delineated on the tentative map and to submit a report of the results of such tests to the city

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City of Norco, CA

NORCO CODE

§ 17.16.040

§ 17.16.080

prior to the city accepting such tentative map for filing if the proposed method of sewage disposal for such property is by a private leaching system;

• (23) The drainage area tributary to the division of land, and a statement setting forth in detail the manner in which storm runoff will enter the division of land, the manner in which it will be carried through the division of land and the manner in which disposal beyond the division of land boundaries will be accomplished;

• (24) Proposed protective covenants, if any, to be recorded;

• (25) Location of all streets, easements, trails and other lands, whether for public or private purposes, to be dedicated or offered for dedication;

• (26) If private streets are proposed, the method by which their maintenance will be accomplished and financed;

• (27) Location and proposed improvements of equestrian trails;

• (28) Location of lands intended to be dedicated for park purposes and/or statement as to whether fees are proposed to be paid in lieu therefor;

• (29) Proposed generalized grading to show proposed cut and fill slopes;

• (30) Location of all trees within the division of land having a diameter of four inches and larger;

• (31) Such other information as the planning commission determines is necessary to properly consider the proposed land division.

• (Ord. 233 Sec. 4.4, 1972; Ord. 334 Sec. 1, 1975)

If the material listed in the preceding section cannot all be placed on the tentative map, then a report containing the material shall be submitted with the map. (Ord. 233 Sec. 4.5, 1972)

The date of filing a tentative map shall be fixed as the date on which all maps and information required by the Subdivision Map Act and this title have been filed and accepted by the planning director and the required fees paid.

(Ord. 233 Sec. 4.6, 1972)

A fee for the examination of the tentative map shall be paid at the time of its filing to be deposited into the general fund. The fee shall be in an amount as shown on a schedule established by resolution of the city council and shall be non-refundable. (Ord. 233 Sec. 4.7, 1972)

The subdivider shall ascertain from the planning director the number of copies of the tentative map that is required to be submitted for processing and shall provide same.

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City of Norco, CA

SUBDIVISIONS

§ 17.16.080

§ 17.16.100

• (Ord. 233 Sec. 4.8, 1972)

When a tentative map for a division of land which does not qualify as a minor land division has been properly filed and the land divider has furnished the required number of copies and has paid the required fee, the director of planning shall forward a minimum of one copy thereof to the entities enumerated below with a request that each report their recommendations in writing within twenty days to the planning commission:

• (1) City manager;

• (2) Planning commission;

• (3) City engineer;

• (4) Fire department;

• (5) Water department;

• (6) Parks and recreation department;

• (7) Trails committee;

• (8) County planning commission;

• (9) County surveyor;

• (10) County flood control and water conservation district;

• (11) County health officer;

• (12) School district in which the proposed division of land is located;

• (13) California Division of Highways;

• (14) California Division of Real Estate;

• (15) Santa Ana Regional Water Quality Control Board;

• (16) Northwest Mosquito Abatement District;

• (17) Southern California Gas Company;

• (18) Southern California Edison Company;

• (19) Pacific Telephone and Telegraph Company;

• (20) Any other municipality, public agency or officer entitled thereto or having an interest in the proposed division of land.

When a tentative map for a minor division of land has been properly filed and the land divider has furnished the required number of copies and has paid the required fee, the director of planning shall have discretion to determine which, if any, of the entities enumerated above shall receive a copy thereof with a request to report their recommendations in writing within twenty days to the planning commission.

• (Ord. 233 Sec. 4.9, 1972; Ord. 250 Sec. 2, 1973)

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City of Norco, CA

NORCO CODE

§ 17.16.100

§ 17.16.120

Upon receipt of a copy of a tentative map, each officer, department, municipality, district or agency to whom the same has been transmitted shall examine such map to ascertain if the land division proposed thereon conforms to the requirements coming within the authoritative scope of such department and within ten days after the receipt thereof make a written report to the planning commission. If the department to whom the map is referred does not report on such tentative map within the allotted time, the planning commission shall deem this to imply approval of the map without recommendations or conditions unless requested by the department for an additional ten days period.

(Ord. 233 Sec. 4.10, 1972)

• (a) At its regular meeting within fifty days after the date of filing, the planning commission shall act on the tentative map and shall either:

  • (1) Recommend approval. If the planning commission determines that the tentative land division map complies with all of the provisions of this title, and no additional dedication, improvement or design change is required, it shall approve the map, or;

  • (2) Recommend conditional approval. If the planning commission determines that the tentative map complies with all of the provisions of this title except that:

    • (A) Dedication or offer of dedication of such land as is necessary for street, pedestrian/equestrian trail, flood control, sewer, water, utility and other public purposes, and/or,

    • (B) Dedication of access rights as required for part-width or dead-end streets, and/ or,

    • (C) Offer of dedication of future easements, and/or,

    • (D) Construction of required improvements or design changes are necessary, it may approve the tentative map subject to the conditions that such items are complied with prior to the final approval of the land division, or;

  • (3) In the event the tentative map is disapproved, the planning commission shall set forth the reasons therefor and clearly state wherein the tentative map would be contrary to any of the provisions of this title, or pertinent city ordinances or state law.

• (b) An official copy of the planning commissions s action shall be filed with the city council and a copy shall be transmitted to the land divider.

• (c) The time limit for acting and reporting on a tentative map may be extended upon mutual consent of the land divider and the planning commission. Such time limit extension shall be for a period not to exceed sixty days unless a longer period of time is specifically consented to by the planning commission.

• (Ord. 233 Sec. 4.11, 1972)

• (a) At its next succeeding regular meeting, after receipt of the planning commission action, the

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City of Norco, CA

SUBDIVISIONS

§ 17.16.120

§ 17.16.130

city council shall act on the tentative map and shall either:

• (1) Approve; or

• (2) Conditionally approve; or

• (3) Disapprove.

• (b) An official copy of the city council's action shall be filed with the tentative map and shall be reported directly to the land divider and to the Real Estate Commission of the state of California.

• (c) The time limit for acting and reporting on a tentative map may be extended upon mutual consent of the land divider and the city council.

• (Ord. 233 Sec. 4.12, 1972)

A land division shall be denied by the city council if it does not meet all of the requirements of this title or if the city council makes any of the following findings:

• (1) That the proposed division of land is not consistent with applicable general and specific plans;

• (2) That the design or improvement of the proposed division of land is not consistent with applicable general and specific plans;

• (3) That the site of the proposed division of land is not physically suitable for the type of development;

• (4) That the site of the proposed division of land is not physically suitable for the proposed density of the development;

• (5) That the design of the proposed division of land or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

• (6) That the design of the proposed division of land or the type of improvements are likely to cause serious public health problems;

• (7) That the design of the proposed division of land or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. The city council may approve a division of land if it finds that alternate easements for access or for use, will be provided, and that they will be subsequently equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;

• (8) That the design of the proposed division of land does not provide such street, alley, pedestrian/equestrian trail, utility easement, right-of-way dedication, proper improvements, or design as are necessary to achieve the purpose of this title;

• (9) That the design of the proposed division of land will result in a reorientation of a lot or parcel in such a manner as to be detrimental to adjoining properties or the surrounding

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City of Norco, CA

NORCO CODE

§ 17.16.130

§ 17.16.180

neighborhood. (Ord. 233 Sec. 4.13, 1972)

When the city council determines that a future public easement will be needed on a portion of any lot or parcel for future street, adequate future access to property within or adjacent to the land division, adequate future traffic circulation, future orderly development of property within or adjacent to the land division, orderly development of a community system of pedestrian/ equestrian trails, or for other future public use, it may require that such lots or parcels be of such size so as to provide space for such easement.

The City Council may also require that such easements be indicated on the tentative map and offered for dedication as future easements prior to the recordation of the final map. (Ord. 233 Sec. 4.14, 1972)

When modifications in the tentative design are conditions of approval of a tentative map, the subdivider shall, prior to the submission of a final map, submit six copies of the tentative map as modified to the city council for approval.

(Ord. 233 Sec. 4.15, 1972)

Any revised tentative map or portion thereof shall comply with the requirements in effect at the time such revised map is considered by the city council. Such revised tentative map or portion thereof shall show all the information and requirements of this title insofar as any changes that may have been made on the map. The approval or conditional approval by the city council of any revised tentative map shall not be construed as extending the time within which the final map shall be filed.

(Ord. 233 Sec. 4.16, 1972)

• (a) The approval of a tentative map shall expire after twenty-four months, unless within that period of time a final map has been filed with the county recorder, or the land divider has applied in writing to the City Council to extend the time. The City Council may on such application extend or conditionally extend the period for one year, and on further application before expiration thereof, may further extend or conditionally extend it for a second year, and on further application before expiration thereof, may further extend or conditionally extend it for a third year.

• (b) The City Council may require that the land division conform to the applicable latest city ordinances in effect at the time an extension is granted.

• (c) The land divider shall make written application to the City Council for extension of a tentative map not less than thirty days prior to the expiration date thereof.

• (Ord. 233 Sec. 4.17, 1972; Ord. 559 Sec. 1, 2, 1986; Ord. 676, Sec. 1, 1993)

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City of Norco, CA § 17.16.180 SUBDIVISIONS

§ 17.16.180

Any land divider or record owner of property, upon which a tentative map has been filed, may withdraw such map at any time prior to the recordation thereof. Notice of withdrawal shall be made in writing to the city council. No refund in filing fees for any map withdrawn shall be made. Each officer, department, municipality, district or agency from which a report was requested on the tentative map shall be notified.

(Ord. 233 Sec. 4.18, 1972)

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City of Norco, CA

SUBDIVISIONS

§ 17.20.010

§ 17.20.015

CHAPTER 17.20 FINAL MAP